Why do I need to register property

The owners run the risk of not wanting to pay more taxes?

Many people are not in a hurry to register the houses and other buildings on their land: they do not even used the "dacha amnesty", which lasted for 13 years and made it possible to issue the property of simplified scheme.

The main reason why owners evade registration - the unwillingness to pay taxes, the more that their size is increasing every year. For a long time this tactic it is currently working: it was possible to live in a home that legally does not belong, but do not give the government their hard-earned money. But in recent years due to changes in the Russian legislation the situation is more complicated. In this article we will explain what the consequences of waiting areas owners who failed to perfect the ownership of the land and the house.

Content:

• What you can and can not do with unformed house
• Is there a penalty for that the owner does not log house
• Who will have to pay double tax
• When the construction can carry even without a court order

Neither sell nor give

Article 131 of the Civil Code of the Russian tells us that the ownership of the immovable property, in their origin, transfer and termination are subject to registration in the unified state register.

What is subject to registration:

• property rights,
• right of economic management,
• the right of operative management,
• the right of lifetime inheritable possession,
• the right of permanent use,
• mortgages, etc.

But the law does not require citizens to register the house.

This obligation has no word nor in the Tax Code of the Russian Federation or the Federal Law of 21.07.1997 number 122-FZ "On state registration of rights to immovable property and transactions with it." That is, in theory, build a house and you can not register it, but the owner will not be on it are no documents and the rights to dispose of them at its discretion.

While the right is not registered, it, from a legal point of view, no. In practical terms, this means that the owner can not sell the house, give it, bequeath, and so on. D.

I love my house

Member FORUMHOUSE

You in this house want to register? Carry out gas? Insure? Have compensation from the state in the event of a disaster? To pay the tax? Then it is better to have a certificate on the house. But from my own experience I can say that you may have never in my life do not ask, why do you have a house is not registered. There is, no one interferes, and live to your health!

Ol g

Member FORUMHOUSE

You can live for years without issuing a certificate for new construction, reconstruction with an increase in area and number of storeys, and so on. D. Significant savings on taxes. But before the sale of all of the buildings are made according to the law, otherwise the price will be significantly reduced.

No property - no tax

Individuals are required to pay property tax immediately after registration of property rights in Rosreestra. No registration - no property; no ownership - there is nothing to tax.

DENdi

Member FORUMHOUSE

If you do not execute – tax will not. But the house is not officially. Well, yes, there are rumors of total real estate inventory.

Recently, there was a lot of talk about the fact that those who have not registered their construction in the near future, will have to pay an increased land tax. Let's see who exactly is tense about it.

First of all, there is the possibility of five-fold increase in the size of the tax, if it is found non-use area.

Basil Gutsev

lawyer, FORUMHOUSE Consultant (forum name - dremlin)

There is a practice - but only in relation to agricultural land, followed by the Rosselkhoznadzor that if found non-use of land for agricultural production, instead of the maximum rate of 0.3% applied rate for "other" kinds of usage (up 1.5%) - (Letter of the Federal Tax Service on March 20, 2018 № BS-4-21 / 5157). A similar situation with the use of summer cottages in the business (a letter from Russian Ministry of Finance 29.01.2019 № 03-05-04-02 / 4987).

By law, registration of property rights is declarative in nature, no one can compel a citizen to do so.

leonidus1981

Member FORUMHOUSE

Build a house, large, and therefore tax will not be puny. I sell it until you going, all the counters are, and I'm paying him. Is it possible to delay the start-up and with it the payment of taxes? Is not there any laws requiring entering the house in operation in a limited time frame?

For failing to register no administrative responsibility, not designated time frame in which you want to register the house and penalties for tax evasion, too, does not exist (But we're talking about houses built on plots owned by the owners of the right to property, subject to building codes and land BPH).

Otherwise, the authorities already under way would collect fines from violators.

Svetlana Bondarchuk

Deputy head of the Federal Tax Service

Can be carried out aerial surveys, it is possible to make the description of real estate in a simplified manner, even put on the cadastral registration. But as long as there is no legal owner, the owner, no one to expose tax.

Whether to demolish the unauthorized construction?

Unauthorized structures and the truth can carry, but, most likely, will give owners time to bring them in line with the purpose of the site and the requirements of the law. August 4 last year entered into force FZ -339, which still protects samostroyschikov law. Brought in line (to reduce the number of floors, to reconstruct, to provide all the padding) or demolished, the court will decide. To bring into line usually given six months to three years.

If the law building to be demolished or reconstructed, but the owner ignores the requirements, the site may select.

In some cases, the decision to demolish the buildings will take the administration. These cases are:

• If the land was not issued in the property;
• On the site at all according to the law it was impossible to build such a building.
  

When there are no other options, and build on the decision of the administration just have to endure, it will have to bear the developer, or the administration will carry, and then the developer will be billed.

If the plot and (or) building decorated in the property, neither the administration of the world can not come to you and ordered to demolish the house, or even a garage, or a bath (only if your building does not threaten anyone's life and health). Without trial, the administration can only dispose in municipal or state land, on their land you host. Take a decision on the demolition of the cottage on the site, property registration, can only court. If the court refuses to demolition, the authorities may not insist on the return.

Therefore, the design of the house and the land still protects owners in conflicts with local governments.

There may be situations where the owners of the site are no documents on him or a building permit, but the administration still can not make a decision on the demolition without a court order:

• if there are no documents on the land, but construction was completed before entered into force land code.
• a building permit is not, but the building was built before May 14, 1998.

As our expert Basil Gutsev taking a decision on registration (or the registration of the house) we should not forget that in our country the rules are changing, and what is worse- vary unpredictably.

Basil Gutsev

So, many people count on a simplified procedure for registration of the house "on dacha amnesty" and for that reason not in a hurry with the registration of houses built, faced with an unpleasant surprise when in 2017 a prerequisite for cadastral registration of houses built on plots for individual housing construction, did you have permission to building. Previously, on planning permission for registration of houses "on dacha amnesty" nobody demanded, and therefore samostroyschiki many have decided that this is an optional document, and not worry about permissions or for registration houses.

Another case which, according to the expert, it is necessary to keep in mind - the possibility of withdrawal of state land (due to seal roads, for example). Naturally, the compensation will be available only for a house built before the decision to withdraw. A legally-built house is just a house registered.

Basil Gutsev

Or gaining scale setting of various restrictions on the areas: security zones of cultural Heritage protected zones of old pipelines, which are all long forgotten, sanitary protection zones and so Further. If the house has already been registered till the moment when they were officially established restrictions on the land, it will not be demolished, and can continue to use it. But if the house does not officially exist, it will inevitably have difficulties with the registration of property rights, up to a total impossibility of registration of rights and recognition of the unauthorized construction.

Summarizing

State registration of buildings and the land gives the right to dispose of property at his discretion, and in many cases protects it from arbitrary state. By the way, this also applies to the possibility of withdrawal of land plots the municipal authorities of the Federal Law № 503785-7: experts believe that the greatest risks are the owners, who have not secured their land and buildings on the site.

In addition to the above situations, the construction can recognize the illegal, if not met the requirements for removal from the fenced-off areas, forests, pipeline, road and electricity networks. But it is not torn down, if all the following conditions are met:

• construction registered before September 1, 2018;
• the owner has the documents on the site;
• it is intended for private housing or is gardening;
• complied with all the parameters of the structure.

But again, many people live for years in unformed buildings and save on taxes - a strategy, of course, profitable, but risky.

On FORUMHOUSE help you check legal purity plot before buying. Learn how to request recalculation property tax and why in relation to the tightening of registration rules more and more Russians in a hurry to sell their garden. Read the article about how consider and challenge the property tax,, and that that brought the owners of summer cottages reform.

Check out the video, which tells about the rules of the old house renovation.

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